In recent years, more and more foreigners are
coming to live, work, study or to reside in Da Nang, therefore, many foreigners
apply for Temporary residence card (TRC) for more convenience in Vietnam.
According to the regulation of Section 13,
Article 3 of Law on Entry, Exit, Transit, and Residence of Foreigners in
Vietnam, Temporary Residence Card (TRC)is a legal document issued by an
immigration authority or a competent authority of the Ministry of Foreign
Affairs to a foreigner who is permitted to reside in Vietnam for a certain
period of time. This card has the same validity as a visa. Therefore, if the
foreigners have TRC, they will reside and entry/exit Vietnam without applying
for visa.
However, the process and procedures to apply
for TRC would have many different practical applications in each province.
Particularly in Da Nang, the issuance of temporary cards for foreigners is more
challenging.
The first, for the issuance of a TRC, the
foreigner must apply for suitable visa, the issuance of TRC is executed at the Immigration
Department of the Da Nang City Public Security. The application for a visa in
Da Nang is more complicated than in other provinces. It is necessary to have
specific information relating to the operation and management of the enterprise
which guarantee foreigner to enter Vietnam(if any). For the submission of
dossiers to apply for the visa, the foreigner shave to submit by themselves or
by the staff of their company. This makes it necessary for the foreigner or the
sponsor have to spend the time to complete the procedure.
Secondly, after having a valid visa, the
foreigners should apply the TRC at the Immigration Department of the Da Nang
City Public Security. The dossiers for applying the TRC is regulated in the
Article 37 of the Law on enter, exit, transit, and residence of foreigners in
Vietnam. However, when applying for temporary residence cards in Da Nang, the
Immigration Department could request more other relevant documents to the
business, which is some time not found in the law, which poses challenges to
applicant.
Thirdly, the granting of TRC to foreign
investors, workers in Da Nang requires the confirmation of work permit exemption,
work permits. The duration of the TRC issued will be valid for a period of two
(2) years. As a result, for foreign investors, only have TRC with the validity
term of 02 years are granted, instead of maximum 5 years, as provided for in
Clause 2, Article 38 of the Immigration law. In order to be granted a TRC for a
period of more than two years, the Immigration Department shall consider the
business situation of the company, the tax payment status of the investor, etc.
Therefore, if investors want to be granted TRC for more than 02 years, they
need to work in Vietnam for a longer time and the business must be profitable.
With the above difficulties, many foreigners
need to necessary attention, prepare all the documents as well as know about
the term of TRC, in order to be able to prepare the best dossier. In case of
difficulties, ANT Lawyers with offices in Hanoi, Ho Chi Minh City and Da Nang
and experience in work permit, immigration, and temporary residence card could
provide legal services for the client’s convenience.
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